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Reasons
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(영문) 광주지방법원 2017.09.08 2017고단3324
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
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1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal record] On April 6, 2016, the Defendant was sentenced to ten months of imprisonment by the Gwangju District Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence (Kameras et al.) and completed the execution of the sentence on September 19, 2016 at the Net Prison.

[Criminal facts]

1. On May 26, 2017, at around 15:33, the Defendant taken a visual image of the victim’s name and influence (on the part of the victim’s name and fluence wearing the source fluence of test chloring) using the cellular camera function in the E subway station located in Gwangju-gu, Gwangju-gu. The Defendant taken the back fluence of the victim’s name and fluence (on the part of the victim’s fluence fluence) so that bucks and clothes

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. At around 17:51 on the same day, the Defendant taken a video image of five victims in total in the above manner, including the victim’s name and influence (e.g., fluench pattern wearing the spatus spatus pattern) sprinking the back sprinking of the victim’s sprinking, and the bucker’s sprinking of five victims in a manner described above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports and investigation reports on the results of digital evidence analysis (with regard to the specified time of committing the crime);

1. Photographss of evidence, investigation reports (to attach photographs of the suspect's video files and CDs and caps); and each photograph;

1. Each protocol of seizure and list of seizure of the police;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (Cumulative offense and the same kind of power);

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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